Real Estate & Property Law

Are Property Rights A "Conservative" Issue?

By Robert Thomas (inversecondemnation.com)

Think property rights are a "conservative" issue? To challenge that notion, read Displaced Landowners Fight to Reclaim Georgia Home in today's New York Times. It tells the story of African-American property owners whose homes were condemned years ago, who now may have a second chance:

In 1942, Harris Neck, a thriving community of black landowners who hunted, farmed and gathered oysters, was taken by the federal government to build an airstrip. Now, the elders ? who remember barefoot childhoods spent climbing trees and waking to watch the Canada geese depart in formation ? want to know why they cannot have it back.

....

Harris Neck was deeded by a plantation owner to a former slave in 1865. Black families who settled there built houses and boats and started crab and oyster factories. But the community, many descendants suspect, was too independent for the comfort of McIntosh County?s whites.

During World War II, when federal officials were looking for a site for an Air Force base, the county?s white political leaders led them past thousands of uninhabited acres to Harris Neck. The government condemned the land and ordered the families to clear out with the promise, some residents recall, that they could come back after the war. Blacks received an average of $26.90 per acre for the land, while whites received $37.31, according to a 1985 federal report. In 1962, the wildlife refuge was established.

....

Evelyn Greer, 82, recalls the forced move out of Harris Neck in vivid detail: residents lugging furniture by hand or mule cart, leaving jars of preserved food and livestock behind. On the morning their house was to be demolished at 6 a.m., she and her mother woke early to retrieve a treasured phonograph and its two records. On the path, her mother froze.

"I heard the fullness in her voice," Ms. Greer recalled. "She said, 'We in plenty of time, but we?re too late.'" The house was in flames.

The family moved into a barn owned by the white man her mother worked for.

Might this story be different if years ago these homeowners had "property rights" lawyers to argue their cause?

Full post as published by inversecondemnation on July 01, 2010 (boomark / email).